Expiring Two-Year Green Card

[Cody]

My wife's two year green card will expire in June of 2008. It took her a year to get it, so when it expires, she will have already been in the U.S. and married to me for three years.

 

Rather than applying for a 10 year green card, she wants to become a citizen. Can she become a citizen after being married to me and living in the U.S. for three years? If so, how does she apply?

 

 

Any advice would be greatly appreciated. Thanks!

[dnoblett]

Has to have LPR status for 3 years, NOT marriage for 3 years. You MUST file I-751 to lift the conditions on the 2 year card within 90 days before the card's expiration.

 

You can then file to Naturalize by filing N-400 90 days before the 3rd anniversary of getting LPR status, (The issue date on your 2 year card).

 

Two links to help you prepare I-751

 

http://www.visajourney.com/forums/index.ph...p;page=751guide

 

http://www.visajourney.com/faq/k1k2visa-re...conditions.html

Edited October 7, 2007 by dnoblett (see edit history)

[dnoblett]

Incidentally you could start filing N-400 before the I-751 is approved, I-751 sometimes takes up to a year for approval, so 9 months or so after the 2 year card expire date you could file the N-400, this sometimes has the effect of expediting I-751 approval.

Edited October 7, 2007 by dnoblett (see edit history)

[warpedbored]

You can't file the N-400 unless you are married to a US Citizen and have lived here at least 3 years as a permanent resident.

You can file up to 90 days prior to meeting the continuous resident requirement.

Here is a link to the USCIS instructions for the N-400

http://www.uscis.gov/files/form/N-400ins.pdf

Family Members of U.S. Citizens

Spouses of U.S. Citizens

 

Generally, certain lawful permanent residents married to a U.S. citizen may file for naturalization after residing continuously in the United States for three years if immediately preceding the filing of the application:

 

the applicant has been married to and living in a valid marital union with the same U.S. citizen spouse for all three years;

the U.S. spouse has been a citizen for all three years and meets all physical presence and residence requirements; and

the applicant meets all other naturalization requirements.

Edited October 7, 2007 by warpedbored (see edit history)

[danielm2]

To Clarify,

 

My wife and I got married on January 11, 2008. Do we file for my wife's green card readjustment (1) 90 days prior to our marriage date, or, (2) 90 days prior whenever her future green card will expire??

 

I'm here at Candle everyday, but today I've been doing alot of "final" preparation for getting ready to file for AOS, and stumbled upon this topic. We don't really need to worry about it until a couple years down the line, but just wanted to get everything clarified now.

 

Thanks!!!!

[dnoblett]

To Clarify,

 

My wife and I got married on January 11, 2008. Do we file for my wife's green card readjustment (1) 90 days prior to our marriage date, or, (2) 90 days prior whenever her future green card will expire??

 

I'm here at Candle everyday, but today I've been doing alot of "final" preparation for getting ready to file for AOS, and stumbled upon this topic. We don't really need to worry about it until a couple years down the line, but just wanted to get everything clarified now.

 

Thanks!!!!

You file I-485 anytime after marriage, a few things needed before filing (Copy of Marriage cert, (Not the one from marriage ceremony, the government issued one from your county), a Vaccination supplement from a US civil surgeon, (Take foreign vaccination record to US CS and get it transfered to an I-693A, need to get tested and/or vaccinated if you do not have foreign record (Yellow Book))

 

You file I-485, I-765, and perhaps I-131 together to USCIS Chicago PO box indicated in I-485 directions.

 

http://www.visajourney.com/forums/index.ph...mp;page=k1k3aos

http://www.visajourney.com/forums/index.ph...mp;page=k1k3ead

 

The 90 days thing has to do with I-751 to remove conditions on the 2 year green-card, it has to be filed within 90 days before the 2 year card expires.

[esun41]

The only benefit my wife wants from citizenship is a USA passport. She's not interested in the other stuff.

[warpedbored]

To clarify things, your marriage date has nothing to do with when to file the I-751. All that counts is the expiration date of the green card. You must file within 90 days prior to the expiration date. If you file after it is expired she will be out of status.

[danielm2]

To clarify things, your marriage date has nothing to do with when to file the I-751. All that counts is the expiration date of the green card. You must file within 90 days prior to the expiration date. If you file after it is expired she will be out of status.

 

okay, all cleared up, thanks!!

[MikeXiao]

To file for citizenship you must be ONE of the following:

 

1. A Lawful Permanent Resident for at least five years and at least 18 years old;

2. A Lawful Permanent Resident for at least three years and at least 18 years old,

 

AND

 

You have been married to and living with the same U.S. citizen for the last three years,

 

AND

 

Your spouse has been a U.S. citizen for the last three years.